A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles which Govern the Amount of Pecuniary Compensation Awarded by Courts of Justice, 2권

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Baker, Voorhis & Company, 1891

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Consequential damages 437 Expense of avoiding conse quences 438 Recoverable even when it en hances loss III FRAUD
11
False representations
18
Other frauds
21
Consequential damages
22
Expenses IV SLANDER AND LIBEL 443 General rule
24
Consequential damages
25
Repetition
29
Plea of justification
31
MitigationDisproof of actual malice
32
Provocation 450 Disproof of damage
34
Bad character of the plaintiff
36
Mitigation
43
TORTS INVOLVING LOSS OF SERVICE
50
Consequential damages
56
Loss of time
63
Truth
69
CHAPTER XIV
72
Conversion by temporary wrong
86
Value when to be estimated
93
RULE OF HIGHER INTERMEDIATE VALUE
99
Fire insurance a contract of 8 724 Consequential loss
110
inapplicable
119
CHAPTER XVI
133
tion
143
erty
151
Failure to arrest
153
Value of custodyThe rule in 562 Town officers
160
Failure to return
179
Magistrate
196
Present loss
203
Services after majority
211
CHAPTER XIX
222
Stipulations
235
THE MEASURE OF DAMAGES IN ACTIONS ON CON TRACTS Page
239
Actions upon contracts
240
Distinction between tort and contract
241
Distinction not destroyed by new system of pleading
242
Motive not considered
245
Commonlaw principles in cases of contract
247
Compensation now a question of
249
Preparations to perform
251
Reduction of damageRule
253
avoidable consequences
254
General principles of recovery
255
Amount of the consideration not recoverable
256
Inadequacy of consideration
258
Unconscionable agreements
259
General rule includes profits
260
Masterton o The Mayor 615 Contracts to expend labor on property
261
Kidd o McCormick 617 Distinction between damages and means of proving them
267
Damages upon prevention
269
performance or rescission by defendant 619 Entire contract price recoverable in some cases
272
Tender of performance
273
Waiver of full performance B Rule of Damages in Particular Cases 622 Agreements to loan money 623 To assign or keep valid an in surance policy
274
To work a farm on shares
275
For construction of buildings
277
For forbearance 627 Actions against stockholders
279
By assignees of bankrupts
280
Agreements for arbitration and award
281
To construct stations etc 631 To build fences walls
282
Not to engage in business
283
For exclusive agency
284
Assignments of judgment
285
Alternative contracts
286
Miscellaneous contracts
289
CHAPTER XXIV
393
Measure of loss
407
LIFE INSURANCE
417
BREACH BY VENDOR
423
tract
433
value followed in some juris
443
property has fallen
449
Retraction
453
Rule in Louisiana
454
Slander of title
455
Effect of notice of countermand
461
Between value as warranted and 773 Litigation expenses
472
Avoidable consequences
476
English rule
480
Property increased in value
499
FOREIGN
502
CHAPTER XXVI
510
Actual loss always recoverable 806 Consequential loss
527
Proximate cause
571
Agents to collect mercantile
577
AGENT AGAINST PRINCIPAL
596
CHAPTER XXVIII
605
Delay in delivery
607
Consequential damages
619
Delay in transportation by
627
Consequential damages
628
Consequential damages
629
Limited liability 857 Delay in unlading a vessel
633
CARRIERS OF PASSENGERS 859 Form of action
637
Personal injury
638
Nervous shock
640
Failure to carry a passenger
643
Delay in transporting a pas senger
644
Failure to carry to destination
645
Indignity of expulsion
647
Compensation for the risk of in jury
648
THE MEASURE OF DAMAGES 867 Consequences of exposure
649
American rule
650
Pullman Palace Car Co v
651
Brown v Chicago M S P Ry
652
General conclusions
653
Avoidable consequences
655
Baggage
656
TELEGRAPH COMPANIES IN ACTIONS AGAINST Page
657
Reasonable regulations
661
Action by senderContract
662
Action by receiverTortor contract
663
Compensation only for natural and contemplated conse quences
664
Notice
668
Consequential loss
669
Commercial messagesLoss of intended purchase
670
Loss of intended sale
673
Error in transmitting amount of goods
675
In transmitting price
677
In transmitting conditions of purchase or sale
678
Loss of a debt
681
Speculative loss 889 Uncertain profits not recover able
682
Messages not understood Cipher messages
687
Authorities extending liability
691
Direct loss
692
What is the direct loss 893 Price of the messageNominal damages
693
Mental suffering
695
Avoidable consequences
696
Exemplary damages 897 Causa proxima
697

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688 페이지 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
423 페이지 - When contracts for the sale of chattels are broken by the vendor failing to deliver the property according to the terms of the bargain, it seems to be well settled, as a general rule, both in England and the United States, that the measure of damages is the difference between the contract price and the market value of the article at the time when...
462 페이지 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance ; but in that case he keeps the contract alive for the benefit of the other party as well as his own.
199 페이지 - ... whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued...
643 페이지 - Damages arising from mere sudden terror unaccompanied by any actual physical injury, but occasioning a nervous or mental shock, cannot, under such circumstances, their lordships think, be considered a consequence which, in the ordinary course of things, would flow from the negligence of the gatekeeper.
439 페이지 - Where a man contracts to deliver any article besides money, and fails to do it, the rule of damages is the value of the article at the time and place of delivery, and the interest for the delay.
642 페이지 - The proposition is that, although if an act of negligence produces such an effect upon particular structures of the body as at the moment to afford palpable evidence of physical injury, the relation of proximate cause and effect exists between such negligence and the injury, yet such relation cannot in law exist in the case of a similar act producing upon the same structures an effect which, at a subsequent time — say a week, a fortnight, or a month • — must result without any intervening cause...
688 페이지 - ... may fairly and reasonably be considered either as arising naturally — ie, according to the usual course of things — from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
328 페이지 - It is said that in those cases where the plaintiff has been permitted to recover there was an acceptance of what had been done. The answer is, that where the contract is to labor from day to day, for a certain period, the party for whom the labor is done in truth stipulates to receive it from day to day, as it is performed, and although the other may not eventually do all he has contracted to do, there has been, necessarily, an acceptance of what has been done in pursuance of the contract, and the...
686 페이지 - Of course, where the negligence of the telegraph company consists not in •delaying the transmission of the message, but in transmitting a message erroneously, so as to mislead the party to whom it is addressed, and on the faith of which he acts in the purchase or sale of property, the actual loss based upon changes In market value is clearly within the rule for estimating damages.

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